tv [untitled] September 19, 2010 12:00pm-12:30pm PST
roof with pressurized tools. that is too dangerous. the most important letter you have before you. in that letter there is a clearcut statement, non- ambiguous. she instructed our crew not to enter her property. the crew from that point on did not. the building inspector was at the job site throughout the course of the construction. he speaks to the contractor and he speaks to the men. i want you to consider two other factors together with the contractor pick statement, because i think that are important.
first, during a period of 10 years before this dispute ever arose, ms. belsky not once but twice refused access to allow the premises to be painted. it should not come as too much of a surprise here. in our communications to the board, she complained that this on painted surface constitutes an eyesore. that should not be a surprise either. at a meeting that i requested and which chirac used to attend -- which are requested and which she refused to attend if either lisa or kathryn were present, she admitted she denied access, but said that was just
for a few days. at this meeting, i asked her if she would try to be objective. please explain to me why it when the contractor provided for the application of siding on all four walls -- the men were there. the equipment was there. the scaffolding was there. why wouldn't he have performed what he is obligated to do under the contract? there was no explanation that she could provide, and yet if you read those letters that are solicited from the neighbors to send in, it certainly appears from those letters that other explanations were made, such as lisa and katryn were looking for a way out, which is
nonsense. the building inspector was not misled. they sought a modification permit. both dbi and planning signed off. the fact is ms. belsky has changed her mind. this situation now is different. it is a lot more expensive. you have to start from scratch with a new contractor. how much more expensive? the contractor is going to anticipate or for see how much difficulty he is going to have. that is why three of six contractors who we saw said thank you but no thank you, we would prefer not to even submit a bid. the others were up to $8,500 more than the original cost.
ms. belsky would be pleased if you were to overrule the building inspector and revoked the modification permit so all of these costs would fall on her, but that is not an equitable or fair result. i submit that you should deny the appeal. make those parties sit down and talk. force an agreement. they both want the same result. that is how the result can come about -- if forced agreement between the parties that will not only the best for them, but also best for the neighbors. some did and some did not write letters. for those reasons, a request that you deny the appeal. i thank you. commissioner fung: a technical
question for you. the exposed plywood that is currently on the wall now -- is that the structural plywood or has it been applied over structural plywood? >> i do not have that answer. commissioner fung: the related question was how was the plywood installed. >> might contrasting experiences very limited. >> i am not a contractor either. in conversations with the building inspector, we were concerned about getting the sighting applied. we wanted to get the work done. commissioner fung: my question was very specific. >> what he indicated was that the wall was secure. it was weatherproof. the plywood on top of its is
adequate from a building and structural perspective. commissioner fung: let me rephrase the question. some walls are built flat on the ground and lifted flat into place. was that what was done here? >> that is correct. commissioner fung: so your existing wall has one layer of plywood over your wood studs. is that correct? >> i cannot answer. i would have to look at photos. that is the process by which it was directed. commissioner garcia: you referenced exhibit b. i think that is signed by mr. donnelly. i assume he talked to pani agua. do we know whether or not he
spoke with ms. belsky? >> i think we would have to ask her. i commissioner garcia: you are not sure? >> i do not have knowledge of that specific conversation. commissioner garcia: it would help us determine who shot it down. do we know whether the alleged refusal to access was predicated upon the preconditions requested by ms. belsky? do we know whether she was being capricious and whimsical, or was she doing it because no one had yet responded to the issues having to do with liability insurance? when are the timelines for the scaffolding? will i still be able to access my backyard? these types of issues. do we know that? >> over a considerable period of time there was an exchange of
these e-mails, some of which you have before you. there were a number of different requirements and demands that were made, including her satisfaction as to some claimed damage on the top of the wall. commissioner garcia: that comes later. what i am asking -- when the initial access is denied, is it denied because ms. belsky decides she does not want them to have access, or because she has not yet been satisfied that the request having to do with insurance has been satisfied? do we know that? >> i do not know that specifically, but if you read those e-mails, the denial occurs
early. the dispute is ongoing with regards to that. commissioner garcia: maybe you have to point that out to me. when i find e-mails, i find, "this is when i will be out of town. you may not come at that time." i find those kinds of things, but i do not see a clear pattern of "you may not have access to my property." can you point that to me? >> that is certainly in exhibit c. commissioner garcia: you had said e-mails. this is he said she said. this is mr. paniagua
you had communications going on in e-mail which is totally different than what was through the contractor. "we only have what he states the conversation was. is there something that you can substantiate through the e-mail and the various occasions between the parties outhouse -- between the parties? >> there is not a video or a tape or a corroborating witness. >> within those e-mails, it would be evidence that she was denied access.
the contractor is probably credible but we don't know that. >> what i was referring to with the e-mails was the acknowledgement that it was absolutely essential to have access in order to put the siding on the rear west wall. >> i might come at this from a different direction. thank you. >> the matter before this court is a very complicated and private matter but what is clear is that everyone wants the
same results and that is to have deciding on this wall. the department would require sighting on this wall. the department had to approve this permit because the permit holder can not have access granted in order to install that sighting. there are some conflicting testimony is. there were certain conditions for access. whether or not those are appropriate, that is what the department is charged with reviewing. we want the board of appeals to exercise their wisdom and listen to both sides about what is appropriate. we think that the siding should
be located on that wall but if the neighbors not allowing access to install the siding, we don't know how it can be installed. if the board can help us all resolve this, this appeal was filed in march as this year. we were hoping to have some resolution. that has not happened. we would like to find out how we can best deal with this and get sighting on this building. >> this does not go to whether or not the board has this wisdom. the appellate cites the fact that she has a --
>> there's currently a block with notation. my understanding was that this is not in place by the time it was reviewed by the department. >> one additional item, i would have looked at the color of the ink on the particular wall where this is adjacent to the property. >> one of the things that the guideline would speak to is a similar material to the existing building. there is discussion about what would be appropriate, and the appellant would like the siding that matches their building. this would not match necessarily the permit holders building.
that is a deviation from what we would require. as a matter of -- this is a personal matter between the two parties. >> just a few technical comments. in my experience with the billing department i have seen that the planning department does require some citing rather just plywood on the property line walls. the district inspectors said
that we need to address this and make it conform to the plan. putting up this idea isn't the end of the process. once they did this, we do have to paint it. this will the one continually. the plywood is an exposed material that does not necessarily need paint. the photos show unpainted materials. the building code states that you need materials on property line walls that have a natural resistance to decay or otherwise. you can have a building on a site that is removed at any
still need your building to have a proper wall. this will be a long list. these people often think that the building code allows this to go on your neighbor's property or install sighting or paint. there's no such thing in any city or code that i have ever heard of that allows you to -- on your neighbor's property. the discussion with these plans could be installed as the plywood was while the wall was delayed. there are methods for doing that. this could be installed on the adjoining property. this could be installed from the roof which is actually quite commonly done.
this is difficult but it is is still encroaching on the neighbor's property. it is quite commonly done. >> the question was raised earlier having to do with the statement from mr. donnelly. do we know anything beyond what is in the package as to whether or not mr. donnelly and she had denied access? >> no, i don't know. >> this must have arisen before to parties. many have not wanted to provide
solutions. >> 99% of the time, their neighbors. they do this and they clean it up and it is result. a couple of times a year it goes to court. you probably know how the court decides. this is necessary. i know it goes to court a couple of times a year through our office. >> this is a workable solution so they don't have to go to court. >> we try. >> thank you.
>> can we move to public comment? please raise your hand if you are interested in speaking in public comment. each speaker will have 80 minutes. >> i am requesting that you consider revoking the permanent. in all fairness, requiring the homeowners to complete the work properly at no cost. i believe that the permit was improperly sought and granted. i think that the claim that the scaffolding is essential is not
really true. this never had to go on the neighbor's property for any reason but i don't think the contractor was paying attention. i believe that people during construction projects need to be exceptionally careful unpleasant to their neighbors because you are creating a huge imposition. these homeowners seem to be getting into fights with everyone. just because they claim that they refuse permission to complete the work, there is no reason to allow this to stand. i find that it is ridiculous to spend as much money on an
attorney. he obviously does not come cheap. i think that she has been pretty reasonable in their requirements to have insurance, to refuse to work. there is some evidence that they have the insurance and he vacations should be in writing. >> is your property as close to your neighbors? >> this is exactly the same. it is difficult to construct and down -- difficult to construct.
>> thank you for letting us have the opportunity to discuss why we cannot like this. this is clearly visible by several of the neighbors. reiterating what has been said before, when i read the paper trail and when i've spoken, it is clear that she has never denied access. she was simply asking for proof of insurance and some fan of timeline as to how and when the projects would be finished.
if i understand the material correctly, they decided to change the project and not put up citing purely based on -- it follows: to go to the city and ask for a major change, i would have more to stand on. i would have sent a certified letter to my neighborhoods. here are some different options. if you don't do anything, this is what we will do. i would not just of send an e- mail on june 25th, 2009, saying that we will get back to you.
to see. we are concerned that the permit was approved based on either a misunderstanding or a misrepresentation but in any event it is clear to us that she did not try to deny access, it was simply trying to coordinate with your own personal travel schedule and the seven month time period occurred between when the owners of the property in question said that we will get back to you after this. the next awareness was that something was going on so we are concerned the only from our own standpoint based on the view that we have that also on the city processes that allow this to go forward even there was a blocked identification when place and i'm not sure that i
of citing home that matches their own home. i don't see why i should be held responsible for my neighbor's property when this is not my party use and i have to look at it. we don't want plywood walls in the city. this is a beautiful city. this is unfair home almost every room in the house except for the bathroom, i see this wall every day and i think that someone dropped the ball planned apartment to let this go through. i was patient and i waited seven months to hear back from my neighbors. they tell me that they would get back to